To elaborate, the petitioner sought the constitution of a High Powered Committee to be chaired by a retired judge of a Supreme Court. As per the petition, the Committee needs to look into the alleged violations of the assurances given by the ECI in the recent EVM- voter-verifiable paper audit trail (VVPAT) case. It will further inquire about the laws, rules, and protocols governing the conduct of elections.

To recall, a few months back, the Supreme Court had rejected the pleas seeking 100% cross-verification of EVMs data with Voter Verifiable Paper Audit Trail VVPAT records. The Court rejected the prayer after referring to the protocol in place, technical aspects as well as the data which was on record. It was also observed that the suspicions regarding EVM tampering are unfounded and reverting back to the ballot paper system, as prayed, would undo the reforms that have taken place over the years.

Notwithstanding, in the present petition, the petitioner has argued that the election body has acted arbitrarily without adopting the required safeguards. The petition, among others, has referred to certain records, including videography, photographs, letters, documents, etc. It added that if the same is continued then it will adversely impact future elections in India.

“The present Petition seeks to place on record various violations of the Manual on Electronic Voting Machine, the Handbook for Presiding Officer, mishandling of the EVMs before and after polling, the malafides and arbitrariness of the Election Commission of India (ECI) in the election process, etc.,” the petition stated.

Right at the outset of the hearing, Justice Surya Kant expressed his predicament of taking up the matter considering the other Bench has already examined these issues. Per contra, the Counsel for the petitioner said that these issues were not examined in the aforementioned case.

After hearing the counsel, the Court said that it could request the CJI to list the matter before the same bench. Following this, the Bench, also comprising Justice Ujjal Bhuyan, passed the following order:

“Ld Counsel for the petitioner has pointed out the judgment of this Court in order to draw a distinction between the issues considered in the cited decision and those raised in the instant petition. It seems to us that in the interest of justice, this petition may also be listed before a Bench (led) by Hon’ble Justice Sanjiv Khanna subject to the order passed by the learned CJI.“

It may be mentioned that the petitioner also sought expedited inquiry, within three months, by the said committee. The other prayers, as pleaded in the petition, include:

1. “Pass appropriate directions in respect of the concerned officials of the Election Commission of India (ECI)and such other authority, official or person as this Hon’ble Court may deem fit, in consideration of the findings of such High Powered Committee; and
2. Monitor the preparedness and conduct of future elections conducted by the Election Commission of India (ECI)in which the use of Electronic Voting Machines(EVMs) is proposed, by calling for periodic affidavits from the Election Commission of India (ECI) to be filed before this Hon’ble Court, to ensure strict compliance with the applicable laws, protocols and guidelines to ensure the safety and integrity of the election process;and
3. Direct that no elections may be conducted by way of Electronic Voting Machines (EVMs) without strict compliance with the applicable laws, protocols and guidelines to ensure the safety and integrity of the election process; and
4. Frame appropriate guidelines to develop a mechanism for ensuring that the Manuals,applicable laws, protocols and guidelines, etc. are followed diligently; and
5. Appoint an Ombudsman/Committee to oversee the functioning of the Election Commission of India (ECI)with the power to hold members of the ECI accountable for any deviation.”